Whether the 5th Amendment right to remain silent prevails over procedural considerations in a civil case when criminal charges are pending in a parallel proceeding

QUESTIONS PRESENTED In an Idaho civil trespass case petitioners were denied a first-time continuance of a summary judgment hearing after they asserted their Fifth Amendment privilege against self-incrimination because of risk of conviction in a “parallel” criminal ‘trespass case. The trial court failed to hold an in camera hearing balancing the harm to parties from a delay of the civil case versus the potential for a 6month jail sentence to the petitioners as a result of ; criminal trespass citations issued by the respondents that blocked petitioners testimony in the civil case. This petition presents the following questions : regarding the superiority of the 5s Amendment right . to remain silent over procedural considerations in a civil case when criminal charges are pending in a : “parallel” proceeding. i 1. Whether in deciding a motion to continue a hearing : on summary judgment after assertion of the right to remain silent to avoid self-incrimination in a parallel criminal case, it was necessary for the trial court to . conduct an in camera hearing to determine if the 7 _ harm caused by the delay of the civil proceeding would . “exceed the harm caused by denying the continuance. 2. Whether a state court’s procedural rule requiring 14-day’s advance notice for a motion to continue is preempted by a 54 Amendment claim that testimony would risk self-incrimination. ee 4 ii oo QUESTIONS PRESENTED—Continued 3. Whether constitutional safeguards are necessary when a party is charged with a criminal offense under a “citizen citation” rule of criminal procedure. _ , 4. Whether it is overbearing and oppressive ; for a civil litigant to demand sanctions : “ against a party seeking 5 Amendment ; . protection. iii oS : : PARTIES Petitioners: Don Esslinger (misnamed “Donald Esslinger” by Respondents in the proceeding below) and Jennifer Esslingers as defendants in both the civil . trespass case and in the criminal trespass cases. Respondents: Shawn Bass and Laree Bass as plaintiffs in the civil trespass case, with Shawn Bass as the issuer and complainant against the Esslingers in the criminal trespass cases he filed under Idaho's . “Citizen Citation” Criminal Rule 5(c). .